MUSLIMS in Zamboanga del Sur lead by the Consortium of Bangsamoro Civil Society (CBCS) and the Ummah Fi Salam (UFS) have raised their objection in the declaration of martial law in Maguindanao because of a “clear and present danger.”
In a press conference, CBCS secretary-general Sammy Maulana explained to journalists that placing Maguindanao under martial law to effect warrantless arrests, search and seizures clearly violated human rights.
President Gloria Arroyo signed Proclamation No. 1959 last Dec. 4 proclaiming a state of martial law and suspending the privilege of the writ of habeas corpus in the province of Maguindanao, except for certain areas.
The said move, according to Arroyo is in pursuit of the prosecution of those responsible for the gruesome massacre last Nov. 23 which resulted to the gruesome death of 57 people which included not only political personalities, 31 media practitioners but also several bystanders.
After concluding that the government had achieved its main objectives in Maguindanao province, Malacañang lifted martial law imposed last Saturday.
But Maulana believes the same can still be attained under existing laws and that to declare martial law in Maguindanao to suppress lawless violence is “overkill.”
“Martial law was not needed because the government has enough forces to deploy in Maguindanao, about four battalions of military troops were already there plus the police,” he said.
He added that the peace and order situation Maguindanao at present is fragile and there’s still sporadic fighting between government troops and the Moro Islamic Liberation Front (MILF) and this might be aggravated with martial law.
Arguing against his own perception, Maulana then commented that the martial law imposed in Maguindanao could have been made on the basis of “political expediency.”
“We do not know if martial law served well for the Ampatuans or to the government. One doesn’t need to be a lawyer to see if there is an actual rebellion happening in the said place,” he said.
“We would like to think that this (martial law) has connection with the NO-EL (no election) scenario to perpetuate Arroyo’s stay in power,” he added, saying what happened in Maguindanao may have been another scheme of the government to replicate the 12-0 victory in the last election.
He explained that Arroyo may be simply trying to flush out an abusive ally and courting a “disciplined monster” who is learning from the excesses of his enemy.
“No matter how much the government washes their hands, they could not get out of it,” he said.
As for Sultan Maguid Maruhom of UFS, he declared that there’s a long, thin line in the imposition of martial law and that they are calling for its lifting rather than questioning it because whatever happens, it would still favor the government or the Ampatuans.
“The Ampatuans are charged with rebellion instead of murder. Knowing how our justice system works, I believe they can get easily out of it since nobody was ever punished with rebellion in the Philippines,” Maruhom said.
Latest reports obtained by this paper revealed that 24 people were slapped with rebellion charges, while 638 other rebellion cases had been referred to the DOJ.
Sixty two people had been arrested for rebellion, 128 members of the Civilian Volunteer Organizations had surrendered, while 339 others had been placed under the custody of authorities.
Meanwhile, board member and lawyer Boy “Baleleng” Fernandez shared to this paper his notions on martial law.
“The martial law of former President Ferdinand Marcos declared in the early 70’s of which I am quite familiar with was in no way akin to the Maguindanao martial law under the 1987 Philippine Constitution,” he said.
“As aptly said by Senate President Juan Ponce Enrile, martial law administrator during the Marcos regime, President Arroyo’s Proclamation 1959 should not be feared. Comparing Marcos’ Proclamation 1081 declaring martial law in September 1972 with Mrs. Arroyo’s Proclamation 1959, Enrile said “The tiger of martial law has been defanged. There is no more teeth, since the 1987 Constitution provides enough safeguards against abuse,” he continued.
“Enrile urged the public not to worry about the Arroyo martial law. “Look at the situation. When you declare martial law today, nothing will happen. Now even if suspend the writ of habeas corpus, you arrest without going to court and get a warrant of arrest but within 36 hours you are mandatorily required to charge the person otherwise he is released. Once you charge him he can bail.”
“Moreover, the Catholic Bishops Conference of the Philippines, once so vocal against military abuses and violations of human rights, supports martial law in Maguindanao with Bishop Nereo Odchimar, conference president saying, “We stand by the position taken by the Archdiocese of Cotabato within whose ecclesiastical jurisdiction the tragedy occurred and martial law was imposed.”
“Obviously he was referring to Cotabato Archbishop Orlando Quevedo’s pastoral letter saying that the massacre of 57 civilians in Maguindanao on Nov. 23 called for an “extraordinary measure,” as well as Cotabato Auxiliary Bishop Jose Colin Bagaporo’s pastoral letter which said, “Most people in Maguindanao and [Central Mindanao] favor the declaration of martial law,” Fernandez concluded.
With Maulana and Maruhom during the press conference are George Sampang of the Western Mindanao Federation of Peace and Development Advocates alliance Inc., Bai Labi Sumalumbay Macaumbang of the Royal House of the Sultanate of Pagadian, Ferrer Marcaban, UFS human rights coordinator, and DILG provincial director Abcede Asjali.
REPORT BY MICHAEL MEDINA & JONG CADION
